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(영문) 대전지방법원 천안지원 2013.03.20 2013고합9

준강간등

Text

A defendant shall be punished by imprisonment for not less than eight months.

One copy (No. 1) of a plastic paper seized shall be confiscated.

2. The defendant

Reasons

Punishment of the crime

1. Around 20:00 on December 20, 2012, the Defendant smoked marijuana in a e-cubic car parked in the “D” coffee parking lot located in Seo-gu, Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu, in a manner that relieves the inner part of one cigarette, put approximately 0.5g of one cigarette at the same place, puts a fire into a smoke.

2. Around December 26, 2012, the Defendant possessed marijuana for the purpose of smoking by inserting approximately 0.5g of marijuana in vinyl bars in the Defendant’s dwelling place, f.302, Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, 201.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the prosecution in relation to G;

1. Entry into the records of seizure and the list of seized articles;

1. Entry in the report for calculation of additional collection charges;

1. Each written request for appraisal to the National Scientific Investigation Institute and written appraisal;

1. Application of image Acts and subordinate statutes to marijuana photographs;

1. Article 61 (1) 4 (a), Article 3 subparagraph 10 (the point of smoking marijuana), Article 61 (1) 4 (b) and (a), and Article 3 subparagraph 10 (the point of carrying marijuana) of the Act on the Control of Narcotics, Etc., and Article 61 (1) 4 (b) and (a) of the Act on the Management of Narcotics, Etc., and the

1. From among concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act [a concurrent crimes involving the violation of the Act on the Control of Narcotics, etc. (referring to the concurrent crimes involving marijuana), among concurrent crimes, which are heavier than the concurrent crimes;

1. The main sentence of Article 67 of the Act on the Control of Confiscated Narcotics, Etc. (the body of Article 67 of the Act on the Control of Confiscated Narcotics, Etc., which is held, shall not be confiscated as it

1. Grounds for sentencing on the proviso to Article 67 of the Act on the Control of Narcotics, etc. subject to Additional Collection (price 0.5g of the Smoking 0.5g price);

1. The scope of punishment by sentence: Imprisonment for not more than seven years and not more than six months;

2. Application of the sentencing criteria;

(a) Determination of the types of basic crimes that violate the Act on the Control of Narcotics, etc. (hereinafter referred to as "mariana") under paragraph (1) of this Decree: Imprisonment with prison labor for 8 months to 1 year: 8 months; imprisonment for 1 year and 6 months;

(b) a concurrent crime of violation of the Act on the Control of Narcotics, etc. (mariana).